It wasn’t exactly the Lufthansa heist.
A Brooklyn federal judge took mercy Monday on a hapless Colombo associate charged with stealing $164 worth of merchandise from a Home Depot last month — and opted not to revoke his bail on an unrelated racketeering charge.
Angelo Spata — the son-in-law of jailed Colombo boss Carmine “The Snake” Persico — was out on $1 million bond when he was busted for failing to scan five recessed lights at a self-checkout line in the Coney Island home improvement store on Nov. 8.
Prosecutor Celia Cohen demanded that Spata be tossed back in the slammer until his Dec. 18 sentencing for the federal raps because the theft, being prosecuted by the Brooklyn district attorney’s office, was a violation of the terms of his release.
But Spata’s attorney, Sarita Kedia, argued that he had tried to wave the recessed lights over the Home Depot scanner but they simply failed to register.
She said the notion that he would engage in such a moronic stunt just weeks before his sentencing was “preposterous” and that he routinely spent large sums of money at the store.
Home Depot security specialist Johnson Amadi told the court that Spata was apologetic after being confronted about the lights and quickly offered to pay up but was instead booked.
Judge Kiyo Matsumoto blasted Spata and Kedia for failing to report the arrest to the Probation Department.
But she eventually allowed Spata, 39, to enjoy a few more weeks of the Christmas season with his grateful family as long as he wore a tracking device.
Spata faces a sentencing guideline of 15 to 21 months in prison.